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Item 1A - 4-25-16 MinutesMINUTES REGULAR CITY COMMISSION MEETING April25,2016 IN ATTENDANCE: Mayor Mitchell E. Reeves Commissioner Mitchell R. Harding Commissioner Jimmy Hill Commissioner John Stinson ABSENT: Commissioner M. Blythe Waters Invocation and pledge to the flag CITY HALL, 800 SEMINOLE ROAD City Attorney Brenna Durden City Manager Nelson VanLiere City Clerk Donna L. Bartle Recording Secretary N arrey E. Bailey Commissioner Hill gave the Invocation, followed by the Pledge of Allegiance to the Flag. Call to Order: AGENDA ITEM #lA MAY9,2016 Mayor Reeves called the meeting to order at 6:31 p.m. City Clerk Bartle called the roll and Mayor Reeves noted that a quorum was present. 1. A. B. Approve the minutes of the Commission Meeting of April 11, 2016. Approve the minutes of the Commission Roundtable Meeting of April 11, 2016. Mayor Reeves asked if there were any corrections to the above minutes. There were no corrections, so Mayor Reeves stated the minutes will stand as submitted. 2. Courtesy of the Floor to Visitors Mayor Reeves announced he would move Item 7B after Item 4B and will pull Item 2B because the person receiving it could not be here tonight. He welcomed former Commissioner Mark and former Commissioner Beckenbach who were in the audience. Mayor Reeves opened the Courtesy of the Floor to Visitors. Mayor Reeves explained the process for public comments. A. Presentation on the Transportation Improvement Program (TIP) for Fiscal Years 2016/2017 through 2020/2021 by Denise Bunnewith. Denise Bunnewith with North Florida TPO distributed copies of a flyer for the Regional Transportation Management Center, stating they are now in that building at 980 N. Jefferson St., and a copy of their annual report for 2015. She gave a presentation on the five-year Transportation Improvement Program projects that related to the beaches area. She answered questions from the Commission and stated she will take their concerns back to the appropriate agencies. April 25, 2016 REGULAR COMMISSION MEETING B. Arbor Day Proclamation. AGENDA ITEM #lA MAY9,2016 Page2 Mayor Reeves previously announced that he would pull this item since there was no one present to receive the proclamation. Gloria Casterline, 1080 W. Plaza, expressed concerns about the easement requested on the 14th Street waiver. Daniel Meyer, 1200 Tulip St., expressed concerns about the proposed 14th Street site waiver and right-of- way. Chris Rule, 383 2nd St., spoke in support of the approval of the proposed police building. Chris Jorgensen, 92 W. 3rd St., addressed the police department building stating they need to get it done; also addressed Tideviews Park stating it is fabulous and everyone is loving it. He expressed concern that people are getting locked in while out there for the sunset. Tom Foppiano, 377 4th Street, addressed the Gate hearing and the procedure for the public speflking stating he would like the public to speak last. Lori Schwab, 541 Sherry Drive, spoke in opposition to the Gate project. Louise Ann Hunley, 591 Aquatic Drive, spoke in opposition to the proposed TriBridge development. Mark Tomaski, 448 Snapping Turtle Court West, spoke in support of Item 8A, the proposal from Fleet Landing for the amendment request. Linda Paderta, 1113 First Street, Neptune Beach, spoke in opposition to the townhouse development at Aquatic Gardens and in opposition to the Gate development. Mark Beckenbach, 2210 Oceanwalk Dr. W., spoke in support of Item 8A, the request from Fleet Landing and for approval of the construction documents for the Police facility. Stan Jordan, 501 Atlantic Blvd. thanked the Commission for their service. He thanked them for choosing the Presbyterian Church for the location but spoke in opposition to the timing of the meeting for the Gate appeal. He further stated he believes the public comments should be at the end of the meeting. Mark Tingen, 1198 Sandpiper Lane E., spoke in support of preserving the wetlands. He also spoke in support of the police building. Victor Stauch, 457 Snapping Turtle Court W., spoke in opposition to the T-Ball fence proposal in Russell Park. City Clerk Bartle read the names of those who did not want to spe~, as follows: Dana Foppiano, 377 4th Street, opposed to Gate station. Nancy DeCandis, 515 Sturdivant St., opposed to Gate station. Susan Perry, 179 Pine Street, opposed to Gate station. April 25, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA MAY9,2016 Page3 Diana Townsend, 266 Poinsettia St., opposed to the scheduling of events for the 5/12/16 hearing; comments from citizens should occur after appellants' arguments. Linda Allan, 211 Pine St., opposed to Gate station. Ross & Kathy Weeks, 380 sth St., supports public speaking after all testimony at 5/12/16 hearing. No one else from the audience spoke so the Mayor closed the Courtesy of the Floor to visitors. Mayor Reeves stated the Commission takes all comments seriously and will regroup with our City Attorney and discuss them. He stated following this hearing one of the first ordinances introduced by him will be to set the guidelines for a quasi-legal hearing. 3. Unfinished Business from Previous Meetings A. Eagle Scout Project to install a permanent T-ball outfield fence at Russell Park. Director of Recreation Programs and Special Events Timmy Johnson explained the request submitted by Boy Scout Mason Dudley to construct a permanent outfield fence for T-Ball players in Russell Park. He introduced Mason Dudley and Travis Stratmann. Mason Dudley, 4215 Chesapeake Drive E., Jacksonville, explained his project. Travis Stratmann, 12225 High Laurel Drive, Jacksonville, President of Atlantic Beach Athletic Association (ABAA), explained the background of the request and spoke in support of the project. Mr. Dudley gave a slide presentation of the project, explaining each slide. He also answered questions that were previously asked at the last Commission meeting. Discussion ensued. Motion: Accept Mr. Dudley's proposal and move forward with building the fence on the T -ball field at Jack Russell Park. Moved by Stinson, Seconded by Harding Commissioner Hill expressed concern about the fence removing access to that area of the park, stating he would be in favor of a temporary fence. Further discussion ensued. Mayor Reeves stated he supports it because he doesn't believe the fence constricts since it is still available for others to use. He stated he also supports Eagle Scouts and this is a project Mason is going to take on, raise the money and build it. He stated he saw nothing against this in the staff report but they did want it to be the green vinyl fencing. He also commended the City Manager and Timmy Johnson, stating this is the best condition he has ever seen the park m. Commissioner Stinson stated in his attempt to be brief with his motion he neglected to include the three conditions in staff's recommendation and would like to amend the motion to include these conditions. Motion: Amend to add the conditions: 1. The field is to be open for use by all when not in use by T- ball. 2. Public Works will handle locates, permitting and inspection. 3. The fence will be vinyl coated to match the newly installed fence on "A" field. Moved by Stinson, Seconded by Harding Commissioner Stinson asked Mr. Johnson if it was his recommendation that the Commission approve this proposal. Mr. Johnson stated it was his recommendation for the Commission to consider and then it was up to the Commission to approve or deny. Commissioner Stinson asked if he believes that the construction of the fence will inhibit use ofthe field by other sports and activities. Mr. Johnson stated when baseball or T- ball is going on, no one else can use the facilities anyway because the little children are out there playing and he does not believe it will restrict soccer, but it will limit the amount of space they use for the camp out. April25, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA MAY9,2016 Page4 Commissioner Hill asked if Mr. Johnson believes the fence will change the use pattern of older children using the same field for pick-up ball. Mr. Johnson stated that is correct. Further discussion ensued. Mayor Reeves called for a vote on the motion as amended. Roll Call Votes: Aye: 4 -Hill, Stinson, Harding, Reeves Nay: 0 MOTION CARRIED B. Public Hearing -Request for a Waiver from City Code Section 24-272 -Environmental assessment and protection of wetlands and environmentally sensitive areas to allow development within the 25-foot upland buffer and to allow offsite wetland mitigation (980 W. 141h St.). Interim Public Works Director Kayle Moore stated he has been in contact with the applicant and they have a piece of property they believe they may be able to do some work on for wetland mitigation within the City but they don't have a plan in place yet. He asked that this item be deferred until May 23. City Attorney Durden stated the Mayor should open the Public Hearing and after anyone who wishes to speak the Mayor could then entertain a motion to defer. Mayor Reeves opened the Public Hearing. Maria Mark, 1148 Linkside Dr., stated they don't want to set a precedent here of waiving any kind of wetlands mitigation; however, she believes the City needs to look at setting aside an area in A~lantic Beach within the City limits that would allow for wetlands mitigation that meets the 12-step requirements that the Water Management District and Army Corp of Engineers requires in order for true mitigation to occur, since they are the ones pushing for purchasing mitigation bank credits. She stated under the City's ordinance, because it is so restrictive, it is not fairly allowing property owners to either mitigate onsite or to do any mitigation within the City limits. She stated she would strongly encourage the Commission and Planning Department to really look at that as an alternative so they don't have to waive wetlands mitigation. Cheryl Vonn, 1209 W. Plaza, stated the Property Appraiser has this property classified as jurisdictional wetlands. She stated the property is on the edge of the intracoastal and everything between it and the intracoastal is marsh grass. She stated she believes that is a good filtering system and doesn't want anyone to think that it is not important because it is important to the quality of the water, which is why they have these rules to protect the wetlands. She stated if they keep giving permits to build right up to the edge, you don't have any filter system to protect it. She asked that they consider carefully when they start encroaching on the wetlands and start allowing people to build on it. Motion: Defer item and continue the Public Hearing to May 23. Moved by Hill, Seconded by Harding Commissioner Stinson stated they considered this at the March 28 Commission meeting and the Public Hearing was set at that time. He stated he is against pushing this farther down the road; the proposal as written here is completely contradictory to our Codes and Ordinances and he is not sure why they are going to address this later. April25, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA MAY9,2016 PageS Mayor Reeves stated his concern is whether the applicant was told not to be here tonight because they were going to defer this. Mr. Moore stated Mr. Martin was not told to not be here but he was in agreement with deferring. Mayor Reeves stated although Mr. Martin said he would buy the lot behind him for mitigation within the City limits, his concern is that it doesn't give 100%. Mr. Moore stated he has not seen or worked with him to develop a fmal mitigation plan and the information he has is very preliminary. He stated because they don't have a set plan, they don't have a clear method for someone to create a certain amount of wetland and preserve/enhance wetland consistent with the 12 steps, so it would take some time to work out. He stated he does not have the knowledge/experience to say that they would not be able to mitigate within the City without looking at their fmal survey of that other site and seeing what they propose as a plan to preserve/enhance/restore. Discussion ensued. Mayor Reeves expressed concern that this has already been postponed once and they are talking about postponing it again and the applicant is not here. Commissioner Hill asked if they deny this application tonight, can the applicant reapply? Ms. Durden explained it is not unusual to have a public hearing and for new information to be presented and the applicant to request a continuance of the public hearing to a date certain. She stated at the last meeting, there was a lot of feedback from the Commission to the applicant which may be the basis for receiving the information today. She stated they have already advertised the public hearing and the public hearing, under those circumstances should be opened. She stated it is the Commission's prerogative to go forth and deny the application request if that is what they choose. She stated they could also approve it or they could continue the hearing until a date certain. She stated the answer to Commissioner Hill's question, with variances it is quite often that there would have to be a substantial change to the application and there is usually a period of one year. She stated she doesn't recall if there is a specific provision for waivers with that timeframe. She stated if it was denied, if there was a timeframe, then the applicant would either have to change the application, which it sounds like they are already proposing to do, or they could wait for the specific period of time. Commissioner Hill stated he believes the applicant wasn't able to meet the requirements toqay and they have scheduled a hearing and a decision was to be made or at least move forward. Mayor Reeves stated his original motion is to defer, so if he is debating negative to his motion he has to change his motion, because you can't go negative on your own motion. Commissioner Hill stated that was what he was intending to do. He stated he concurs with Commissioner Stinson but before he does that he needs to know if the applicant is restricted by time, which is the reason he hasn't corrected his motion. Building and Zoning Director Jeremy Hubsch stated our Code does have a one-year requirement for variances, but there is nothing in the waiver section that has a date on it. Commissioner Hill withdrew his motion. Commissioner Harding withdrew his second. Motion: Deny the reguested waiver to City Code Section 24-272. Moved by Stinson, Seconded by Harding Commissioner Harding stated the applicant had led him to believe that he had already made the decision to mitigate on the adjoining property to the south of his property, but now from what he is gathering, that was never proposed to the City. Mr. Moore stated it was proposed to the City but they need to see the plan, the numbers, etc. and that takes a little time to develop. He stated they have not received that information and been able to review it in order to communicate that to the Commission. Commissioner Hill stated he wanted to confirm that this applicant will have an opportunity to come back before the City if they come up with a way to mitigate this wetland situation internally and meet our Codes and our action tonight won't restrict them to a one-year timeframe. Mr. Moore stated yes and City Attorney Durden agreed. April 25, 2016 REGULAR COMMISSION MEETING Roll Call Votes: Aye: 4 -Stinson, Harding, Hill, Reeves Nay: 0 MOTION CARRIED AGENDA ITEM #lA MAY9,2016 Page6 Mayor Reeves recessed the meeting at 8:33p.m. The Mayor reconvened the meeting at 8:40p.m. C. Appointment to the Board Member Review Committee. Motion: Appoint Jennifer Lada to serve on the Board Member Review Committee for a 2-year term beginning May 15, 2016 and ending May 14, 2018. Moved by Stinson, Seconded by Hill Roll Call Votes: Aye: 4 -Harding, Hill, Stinson, Reeves Nay: 0 MOTION CARRIED D. Authorization for City Manager to sign the Guaranteed Maximum Price Amendment and related documents needed to proceed with construction of police building renovation upon adoption of Ordinance No. 20-16-137, amending the FY2015/2016 Operating Budget. Chief Michael Deal explained his staff report gives the details of the history of the proposed renovation of the police building. He stated the City contracted with CRA to design the building on the existing site after which they contracted with Auld & White to manage the project. He introduced Nathan Marty and Paul Hoffman from Auld & White who were in the audience to answer questions. He further explained in detail the various items added to the scope of the project and the alternatives/amendments to the Guaranteed Maximum Price, stating the total price of the building is now $3.5 million. Motion: Authorize City Manager to sign the Guaranteed Maximum Price Amendment pending the adoption of Ordinance 20-16-13 7. Moved by Harding, Seconded by Stinson Discussion ensued. Finance Director Russell Caffey stated the increase will not affect the City's 25% reserve. Roll Call Votes: Aye: 4 -Hill, Stinson, Harding, Reeves Nay: 0 MOTION CARRIED Item 7B was taken out of sequence and acted on at this time. B. ORDINANCE NO. 20-16-137, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30,2016 FOR THE PURPOSE OF ADDING FUNDS FOR THE CONSTRUCTION OF THE POLICE BUILDING, AND PROVIDING AN EFFECTIVE DATE. April25, 2016 REGULAR COMMISSION MEETING City Clerk Bartle read the Ordinance by title. Motion: Approve Ordinance No. 20-16-137 as read. Moved by Hill, Seconded by Stinson Roll Call Votes: Aye: 4 -Stinson, Harding, Hill, Reeves Nay: 0 MOTION CARRIED 4. Consent Agenda AGENDA ITEM #lA MAY9,2016 Page7 ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Financial Report for March 2016. Motion: Approve Consent Agenda Item A as written. Moved by Hill, Seconded by Harding Votes: Aye: 4 -Harding, Hill, Sti~son, Reeves Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 16-02-Public Hearing A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, DESIGNATING THE PROPERTY LOCATED IMMEDIATELY NORTHWEST OF THE INTERSECTION OF AQUATIC DRIVE AND ATLANTIC BOULEVARD ON BEHALF OF TBR AQUATIC OWNER, LLC, AS A BROWNFIELD SITE. City Clerk Bartle read the Resolution by title. Mr. Hubsch explained the request, stating it required two public hearings. He stated Trey Mills, the attorney for TriBridge, was in the audience to answer any questions. Mayor Reeves opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Motion: Approve Resolution No. 16-02, as read. Moved by Harding, Seconded by Stinson April 25, 2016 REGULAR COMMISSION MEETING AGENDA ITEM #lA MAY9,2016 Page 8 Commissioner Hill reiterated this is a step in a process that he believes is encouraging a project along that he does not believe is a fit for that piece of property. He stated they are making some pretty extreme adjustments and doing some very creative use of City land in a way that he is not comfortable with and he is not in favor of this. Mayor Reeves stated he believes the Brownfield opportunity this offers is a great opportunity for any City to be able to clean up some land. He asked Mr. Hubsch if the Commission approves this do they still have to go through the Community Development Board. Mr. Hubsch stated they would only need to go through the Community Development Board if they need a variance or can't meet Code standards. Commissioner Stinson asked Mr. Hubsch about the 58% impervious coverage, which was allowed by Code because it was considered commercial. He asked if this meets the definition of commercial because it is actually residential in nature. Mr. Hubsch explained it would be a residential use but it is within the Commercial General Zoning District and that zoning district allows up to 70% regardless of whether it is office, residential, or commercial. Roll Call Votes: Aye: 3 -Harding, Stinson, Reeves Nay: 1-Hill MOTION CARRIED 7. Action on Ordinances A. ORDINANCE NO. 33-16-21, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II, CITY COMMISSION, AMENDING THE BOUNDARY OF SEAT 2, DISTRICT 1308 AND SEAT 3, DISTRICT 1307 OF THE CITY COMMISSION, AND ADDING A MAP SHOWING NEW BOUNDARIES, AND PROVIDING FOR SEVERABILITY, AND PROVIDING DIRECTION TO STAFF, AND PROVIDING FORAN EFFECTIVE DATE. City Clerk Bartle read the Ordinance by title. Mr. Van Liere stated upon passing this he will be sending it to the Duval County Supervisor of Elections so he can adjust our voting districts. Mayor Reeves opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Motion: Approve Ordinance No. 33-16-21 on Final Reading as read. Moved by Hill, Seconded by Harding Roll Call Votes: Aye: 4 -Hill, Stinson, Harding, Reeves Nay: 0 MOTION CARRIED B. ORDINANCE NO. 20-16-137, Introduction and First Reading This item was taken out of sequence and acted on earlier in the meeting. AGENDA ITEM #lA MAY9,2016 April 25, 2016 REGULAR COMMISSION MEETING Page9 8. Miscellaneous Business (Discussion only) A. Request from Fleet Landing for a Proposed Amendment to Declaration of Restrictive Covenants. Mr. VanLiere stated this is the request from Fleet Landing they heard at the last meeting and Josh Ashby is here tonight. City Attorney Durden stated the only thing that is new in their agenda packets, as compared to what was in the packet for the last meeting, are the three surveys. She explained each survey. She clarified there is no actual legal description for the 4.5 acre island area; however, it is contained within parcel 2. She stated they will get a release from the Estates, pretty much in line with the one that has been proposed already and was included in the packet last time. She stated in order to address the other issue, they will have a separate agreement, the Right of First Refusal, between the Fleet Landing entity and the City of Atlantic Beach. She stated she was also asked to look at the issue about whether or not there is any way to describe the development that is going to occur on parcel 2. She stated she believes they can use a simple description utilizing the RMD land use category from the City of Jacksonville. She stated there is a small part of parcel 2 that is located within the City of Atlantic Beach and for that part they may have a separate provision so no building located within that portion ofparcel2 would be higher than 35ft. She stated she has also asked for a certificate from the surveyor certifying that the property that is described in parcels 1, 2, and 3 is also the same property that is described in the declaration of restrictive covenant. Commissioner Hill asked the City Attorney for more detail on the effect it could have on our deal if Fleet Landing did not get a permit through the City of Jacksonville. He also asked for a report on the restrictions and usability of the existing gate at 201h Street. Commissioner Stinson asked Mr. Ashby to further explain the plat of parcel 2. Joshua Ashby, One Fleet Landing Blvd., Chief Executive Officer of Fleet Landing, explained this and answered further questions. Discussion ensued. It was the consensus of the Commission to move this item forward to the next meeting for action. 9. City Manager A. City Manager's Report. • 90-Day Calendar (April2016 through June 2016). Mr. VanLiere reported on upcoming items on the calendar: Town Hall Meeting on May 7; Gate Appeal on May 12; and Town Hall Meeting on July 16. Thanked everyone involved for Arts in the Park, stating it went very well. Announced that Donald Jacobovitz will be the new Public Works Director starting next Monday. Reported that the Seminole Road paving will begin on Monday, May 2, and will take about 3 weeks. Thanked the Commission and everyone involved in moving the police building project forward. 10. Reports and/or requests from City Commissioners and City Attorney April25, 2016 REGULAR COMMISSION MEETING City Clerk Bartle • Reported she will miss the next Commission meeting and the Gate appeal. Commissioner Stinson AGENDA ITEM #lA MAY9, 2016 Page 10 • Suggested having Courtesy of the Floor before and after the presentations at the Gate appeal meeting and is also open to a split meeting two-day hearing in the evening. • Stated he believes we could install a gate at Tideviews that would have a detector that opens the gate when a car is there to let the people out. • Commended the Public Works group, stating Kayle Moore has done an outstanding job during this vacancy in Public Works. • Asked the City Manager what the status is of the storm water system evaluation discussion. • Complimented the prior Commissions for their efforts to get this Police Building to point it is. • Stated he believes they may want to undertake a building code review for the commercial corridors. • Reported on a talk he gave to third graders at Liberty Ponds Elementary School in St. Johns. • Reported on the CRA Seminar he attended put on by the Florida League of Cities. Commissioner Harding • Addressed the Tideviews gate issue, stating he received calls which he relayed to the City Manager, who immediately took some corrective action. • Attended the FLC dinner meeting on Thursday. • Attended the All Class Reunion on Saturday night. • Rode in opening day of the beaches parade with the Mayor and Commissioners Hill and Stinson on Sunday. Stated he would like to see some additional representation from the Police Department next year showing that we are involved and people see us. • Congratulated Chief Deal on the police building, stating providing our outstanding Police Department with an effective place to work will make things better for them and the citizens in general. Commissioner Hill • Thanked Mayor Reeves for making the arrangements for the opening of the beaches parade. • Commended City Manager and staff for his response to an incident with a garbage truck. • Congratulated Chief Deal for moving one step closer to having his department working in a safe and workable environment. Mayor Reeves • Will be at Cummer Museum on May 4 for the VSA festival. • Reminded everyone that the CRA advisory meeting is tomorrow. • Will be out of town May 5-7 at Florida League of Mayors meeting and will not attend Town Hall meeting on May 7. • Reported on the opening of the beaches parade stating it was a lot of fun. • Reported Nancy Bailey has decided to retire and will be leaving in three weeks. He stated they will miss her. • Stated they have heard from the public that they either want to speak first or last at the appeal, but if they are last who would want to speak at 9 or 10 at night. April25, 2016 REGULAR COMMISSION MEETING Adjournment There being no further discussion, Mayor Reeves declared the meeting adjourned at 9:47p.m. ATTEST: Donna L. Bartle, CMC City Clerk Mitchell E. Reeves Mayor/Presiding Officer AGENDA ITEM #lA MAY9,2016 Page 11